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(영문) 대법원 2017.12.07 2017도15745
강간상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the Defendant asserted that the sentencing was unfair, and that there was a misunderstanding of legal principles, but revoked the grounds for appeal as to mistake of facts and misunderstanding of legal principles on the first trial date of the court below.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for final appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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